Plaintiffs in lawsuits alleging gastrointestinal side effects from the blood pressure medication Benicar (generic: olmesartan) have been ordered to produce documents supporting the testimony of expert witnesses.
Free Confidential Lawsuit Evaluation: If you or a loved one developed a gastrointestinal disorder or sprue-like enteropathy from Benicar side effects, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.
What’s the Problem?
May 7, 2017 – Plaintiffs in Benicar lawsuits are relying on the testimony of 2 expert witnesses at the Columbia Presbyterian University Hospital in New York City. Defendants issued a motion with the presiding judge to require the plaintiffs’ witnesses to produce documents supporting the expert testimony of the witnesses.
Plaintiffs responded by countering that producing redacted medical documents would be overly time consuming, and could delay proceedings indefinitely. Plaintiffs further noted that they do not have control of the records sought. The judge ultimately sided with the defendants and ordered that the redacted documents be fully disclosed.
Benicar is prescribed to treat high blood pressure (hypertension), and is deemed effective for patients to lower their blood pressure. However, plaintiffs allege that side effects of Benicar may include sprue-like enteropathy, a severe gastrointestinal disorder characterized by chronic diarrhea and weight loss. Many plaintiffs have been hospitalized, and there have been some deaths linked to Benicar, according to the lawsuits.
Drs. Benjamin Lebwohl and Stephen M. Lagana are the 2 expert witnesses testifying for the plaintiffs. U.S. Magistrate Judge Joel Schneider allowed for the records to be redacted to remove all personal identifying information. However, Schneider also ruled that the witnesses nonetheless must produce or make available for inspection by Daiichi and other defendants medical records the physicians considered in reaching their opinions, saying such disclosure was required under the Federal Rules of Civil Procedure (“FRCP”) and applicable case law.
“Records considered by trial experts in reaching their expert opinions must be produced,” Schneider said in his written opinion.
Do I Have a Benicar Class Action Lawsuit?
The Class Action Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Benicar lawsuits. We are handling individual litigation nationwide and currently accepting new enteropathy cases in all 50 states.
Free Case Evaluation: Again, if you were harmed by the side effects of Benicar, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.